L'interview de l'ex-inspecteur chef de la PJ Gonçalo Amaral par le journaliste et best seller écrivain Miguel Sousa Tavares en dit plus long sur MST que sur ce qui arriva à Madeleine MC, motif de ce qui se réduisit le plus souvent à un dialogue de sourds. Emprunter le ton pressant, tenace et inflexible de HARDtalk ne sert à rien si on ne connaît pas parfaitement le sujet. Ce ton tout au plus donne à penser que Sinais de Fogo ne fut que le prétexte d'un règlement de compte ordinaire. En l'occurrence, MST semble avoir jugé que deux ou trois idées reçues, mais puisées à une source respectable, (1) lui permettraient de venir à bout de celui qui était en face de lui, bouche liée puisque son droit à la parole était restreint. (2) Pour l'emporter en terrain mouvant, il suffisait donc d'affleurer à peine la zone interdite...
Sinais de Fogo ou comment savourer le plaisir d'humilier à bon compte.
Est-il raisonnable de juger d'emblée de la compétence et du savoir-faire de la PJ en se fiant à l'éclairage médiatique ? Est-il légitime, tout en admettant qu'il y a eu et y aura toujours des enquêtes criminelles sans solution, de considérer que le classement de l'affaire à défaut de piste est un fiasco de la police ?
(1) Les articles de David J. Smith dans The Times, censés être le produit d'un journalisme d'investigation. Toutefois nombre d'affirmations erronées, en particulier concernant les chiens britanniques, sont battues en brèche par les PJFiles, rendues publiques en août 2008.
(2) La procédure de référé, jugée en septembre 2009 et confirmée en janvier 2010, interdit à GA de s'exprimer en public sur la thèse (mort de l'enfant) de son livre, "Maddie - A Verdade da Mentira", retiré de la vente. L'injonction fut annulée en appel (octobre 2010), annulation confirmée par le tribunal suprême en mars 2011..
(3) Cette décision de classement de l'enquête, formellement due à l'impossibilité de prolonger davantage le statut de arguido de Robert M, n'excluait toutefois pas que, à la demande des intéressés, une instruction soit entamée. Aucun des témoins assistés ne la requit.
(4) La mère découvre le lit vide vers 22h et la police n'est appelée au secours par le gardien du club qu'à 22h41. La scène de crime, entretemps, est envahie et polluée par diverses personnes qui expérimentent l'ouverture des persiennes de l'extérieur... à commencer par le propre père. On croit rêver. Qui n'a au moins une fois vu une série CSI et compris pourquoi la scène de crime doit être préservée jusqu'à l'arrivée de la police ? La loi portugaise, et nul n'est censé l'ignorer, punit quiconque ne protège pas une scène de crime.
(5) Il n'y eut aucune écoute, malheureusement, ne serait-ce que pour éliminer les proches. Quand, après les alertes des chiens britanniques, le parquet demanda une mise sous écoute, le juge était en vacances et son substitut ne voulut pas assumer une telle responsabilité.
|La licorne rose invisible|
Sinais de Fogo
Miguel Sousa Tavares : Good evening, Gonçalo Amaral, thank you for this interview. I'll start in a way that will perhaps surprise you, but your book surprised me a lot immediately with the first sentence because it starts, I don't know whether you recall it, with "On a Sunday of Carnaval, shots woke me up, hunter were trying to shoot rabbits without defense. Well, Carnaval in February or in March ? And rabbits' hunt finishes in December, this can't be true.
GA : It's like this, we have many cases in Portimão, and the PJ coordinator could not, would not be present, it's like this now, the PJ works really well, has experts, technicians, it is established to function well, it doesn't need the coordinator to be there, the coordinator has other things to do, besides to go along to the police vigil, as you can guess, we have many cases.
MST : That was not an ordinary case, so wasn't that justified ? You were slightly more than 20 kilometers far from the crime scene.
MST : You said it yourself, the ones who gathered evidence, whoever was there, did not do a very good job.
GA : If you allow me, I'm under an injunction and can't talk directly about the case, I don't know if I'm not going to break the injunction, please help me a little bit...
GA : Yes, such mistakes happen a lot and in many cases, I remember, it's in the book also, the lady on the video brushing on the outside the shutters of the little girl's room without any protection, today the experts, the police enter the crime scene with special clothes.
MST : You've learned with your mistakes..
MST : It seems to me you had a lifetime chance as a criminal investigator, you had a difficult case to solve, no doubt about that, under worldwide attention because it immediately became global news, at a time with child abduction, paedophilia, you had a golden chance to shine personally, to bring your corporation into a good light...
MST : But you had 2 goals, find Maddie or discover what happened to her, you failed both, you failed your mission and you failed your chance.
GA : No.
GA : I'm not wanting to break the injunction, much evidence was gathered and I'm talking in good faith, I cannot speak about the book nor about what is in the documentary...
MST : It is involuntary homicide. Don't you say that they hid their daughter's body, is that not in your book? Is this not in your book?
GA : No, how could they only be mine..
MST : Gonçalo Amaral, there's another thing that impresses me, let's get back..
GA :You can infer them, I can't, you are putting words in my mouth, you are talking about the injunction, it is an interpretation of the book..
GA : You're forbidden...
MST : You receive the news, give the order to PJ vigil, go back home.
GA : But it's no suspecting, you're wrong.
MST : And ask questions whether they abuse children, have a serious issue with the law, psychologically disorders, are in fact full time doctors in full time, and then, much ahead, you say it is common sense in these cases to suspect of the parents, so, you have not yet seen the McCanns, you have not yet been at the crime scene and you already suspect them !
GA : Listen, it's normal practice to suspect, it's common sense, listen, doctor, you are making up stories here.
GA : The national and international rules in any case of that kind, and we were criticised by the FBI about this, are about suspecting or not of parents, or the close ones and I can tell you...
MST : Isn't it not more urgent to know if the borders were all closed ? Are all the marinas under surveillance? All the cars who left under control?
MST : The marinas were not immediately controlled, I know someone who left for example of Lagos marina one day after, quietly.
GA : But we had all that information. We knew that. From a place where some occurrence happens, we examine if there are CCTV or not, what can be seen and what cannot, all of that at the same time. Now saying that we aimed immediately to, it's not like that, that question about the parents, excuse me, that first question, that, was answered, it is the first, was never answered, it is the first, it is important to understand...
MST : Since the first day, anyone who read your book concludes immediately that...
GA : But it has to be, this question has always to be asked..
MST : In the first meeting at the end of the first day, it is the strongest hypothesis you have..
GA : This question is the first and was never answered.
MST : I believe that it has to be done at a certain time of the investigation, but it is the first hypothesis of work and seems to be the only one.
GA : I don't agree with the end of... (stops as if he couldn't say more), I don't agree, but even the McCanns don't talk about them and there are other situations. We have the book and we have the process, the book which I wrote, I was inside, this is the reason why I wrote it, I can explain it to you later, and there is the process which was been given to the journalists, the book is forbidden, the process is not, the process reaches the same conclusions of those first six months, but if you notice..
MST : On the very first day the GNR dogs went there, all of them pointed to the car park..
GA : Pointed to what?
MST : The trail they followed stops at the car park. That lead points to a car that took the child out of there, and instead of (investigating) that, six months passed.. (1)
GA : Sorry, points to a car, why ? Where did you read that in my book?
GA : But it was the route that the menina followed..
MST : I'm not an expert in criminal investigation, but the idea I have is that if you had started working seriously from the very beginning on the abduction hypothesis, the first suspicion had been that the child was taken away by car, instead of that..
GA : There is a witness who even talks that the child went out in the opposite way.
MST : Exactly, you gave her no credibility, she is an English friend of the McCanns and you gave no credibility to that witness.
MST : The first person who suspected of Robert Murat is you, isn't it?
GA : No, it's Jane Tanner.
MST : It is you. You're the first. You're the first who goes there and decides to put him under surveillance. (2)
MST : But I don't want to talk about that suspect. Well, back to my story, this is a thesis like you have one, I think the story of the abduction was not investigated properly or enough..
GA : Too much investigated.
MST : Because the PJ was trapped by the other hypothesis..
GA : No.
MST : The most darkest theory of them all, that moreover contains a thing that I don't see any one able to explain : how a British couple, who is on vacation in the Algarve, who doesn't know the country, at night, between 9.30 and 10.00 pm, not knowing why, for what reason, on which purpose, in which circumstances, whether they wanted, not wanted, kills their daughter and makes the body disappear in half an hour and nobody find it ? Does it evaporate?
GA : It's like this, the words "kill the daughter" are yours, not mine.
MST : Reports on how a body disappeared in half an hour in a foreign country at night?
MST : Half an hour.
MST : Yes.
GA : And then an Irish couple saw someone with possibly the child, not sure, at 22h15, which suggests...
MST : So, if the child wasn't killed, what was it ? They abducted their own daughter?
GA : Wait, that's not what I was saying, what is known internationally and in terms of rules for investigation here in Portugal and in any country of the world and by British police, is that you can't trust the timetables provided by suspects, and that is why the Public ministry made a mistake in shelving the process. If you read the dispatch of the shelving, it says: the couple could not have done this or that at that time because they weren't there, but who gave that indication of that half an hour? It was Mr. Gerald McCann and Mrs. Kate McCann.
GA : No, no, not all the friends.
MST : They went to that apartment..
GA : Not the witnesses, the suspects, don't you forget that !
GA : But they're not...
MST : You woke up the next day in the morning and without even having looked at their faces, you are already suspecting them..
GA : But it's a golden rule...
MST : Which golden rule ? I think the golden rule here is to start investigating, if there is evidence, then suspicions may arise, but before you have any evidence, there are already suspicions.
GA : No, in international terms... We don't have many cases...
MST : Gonçalo Amaral, excuse me for that, but it seems to me that you started from a thesis and looked for evidence to confirm your thesis, instead of doing the other way round.
MST : Similar with the Joana Cipriano case...
GA : No, it's not equal..
MST : Let me ask you if you were convinced, I wasn't, I believe you were satisfied as an investigator that the court corroborated your thesis, right ? In the case of Joana...
GA : But why my thesis ? It was the police...
GA : How did I make false declarations ? How do we come to this ? I'm going to explain it quickly...
MST : There was a judicial sentence, I'm guided by the sentence.
GA : I think so.
MST : Very few people, Gonçalo Amaral, very few people.
GA : Not a single residue ?
MST : Then months later exactly the same happens with a British couple.
GA : A PJ didn't find any residue (in the Joana case) ?
MST : Where is the body?
GA : The inspection was carried 12 days after and taking into account the circumstances, there was blood, washing of the apartment itself, a person who never cleaned the house cleaned it at that time, there are a series of traces, if you want to talk about that case, let's talk of it, I mean..
MST : Something should exist for the court to condemn her, now there is also a revision of the sentence based on something...
MST : It doesn't convince me, because I have an a priori suspicion
GA : On justice in this country.
MST : No, about defendants sent to a court of justice after confessing to crimes made under beating, which is obvious, I cannot accept that, therefore, I suspect.
GA : At night? Maybe it should have been examined better, because you know... if we are going to talk about this case, there's something essential...
MST : But we are not going to talk about Joana Cipriano, let's go back to the Maddie case.
MST : We don't have time, let's go back to the Maddie case..
GA : Wait, let me finish this...
MST : A conclusion, nothing more.
GA : Why did she ask a dependant employee to make a medical examination with a psychiatric one, this is interesting, because there are experts in Odemira and there are forensic experts. There was no necessity that a German psychiatrist dependent on the director made examination.
MST : I'm not discussing the Joana case, I don't have time, what I want is the Maddie case, it is still actual, it didn't reach any conclusion, at the time of the Maddie case, the Times of London wrote something which I agree completely, it said like this..
GA : I'm going to explain to you..
MST : Let me finish.. and I remembered this, because when you tell in the book that when Kate McCann was made arguida, there were great expectations that she'd confess spontaneously and she didn't confess and the husband didn't confess and then they returned to England, you became very disappointed because they returned to England, because from that moment on, they were not here for you to continue interrogate them...
MST : (mocking) By Public ministry, by British police. Its another opinion of mine. For you it seemed that the McCanns were suspects because they returned to England, they returned home five months later, whereas their function was to stay here to be interrogated, be interrogated by the PJ until they confessed something they never did, isn't that right?
GA : We are running out of time, you told me so, let's change the format, I'm going to tell you very quickly one important thing : as for the couple McCann, they only mentioned leaving on the day that British dogs arrived to Portugal and after Mr. Gerald McCann learnt the potentialities of those dogs, and to let everything clear and why I wrote the book...
MST : Tell it.
GA : I wrote that book, the truth of the lie, in the exercise of my freedom of speech like the judge told, because of the attacks towards me : they called me, the British press, 418 times shameful, 440 times outrageous, 140 times torturer, 45 times disabled, 37 times incompetent, 23 times libertine cop, 20 times sacked...
MST : Let me tell you, I heard what you said..
GA : When my freedom of speech is at stake, and when the Parliament discusses the issue of freedom of speech, as it occurred recently, and the discussion should be extended, because what's at stake here is not only my freedom of speech, it's the freedom of speech of the journalists and citizens of this country.
MST : (bored) Yes, yes, I heard, so, you made your statement, I only want a short answer to this question: imagine, imagine yourself, because I cannot imagine myself, that the McCanns are indeed innocent, imagine that they are under the excruciating pain of losing their daughter who was abducted, that they do not know what happened to her, they had still suffered the ignominy of seeing themselves considered suspects of having killed their daughter and hidden her corpse, have you already thought about that hypothesis?
GA : I have already thought of that and thought of all hypotheses..
GA : I do sleep, you know why? Who required the shelving of the process? You spoke of it in that Express article. The couple McCann. Who conformed with the shelving of the process? The couple McCann.
GA : Excuse me but you don't know the rules. They could at that time have opened the instruction.
MST : Dr. Amaral, I have to "shelve" the interview.
GA : Sadly, sadly..
(1) Ce parking, dont les deux interlocuteurs semblent ignorer la localisation et où le pisteur de Queluz a perdu la voie, plus de 24 heures après la disparition, est public et se situe exactement en face du petit bâtiment qui donne accès au resort Tapas. Il est mieux éclairé que la rue Francisco Gentil Martins adjacente. Il est délirant d'imaginer qu'un ravisseur aurait garé son auto exactement à l'endroit où il risquait le plus d'être aperçu non seulement par des passants, mais surtout par les membres du groupe des 9 allant faire leurs rondes.
(2) La première personne à avoir suspecté Robert M est une "journaliste" du Mirror, Lori C, qui, trouvant une analogie comportementale entre Robert M et Ian Huntley (Soham murders), sans état d'âme dénonça RM le 6 mai au LC qui, à son tour, avertit la PJ. Jane T sembla reconnaître Robert M le 13 mai, ce qui déclencha la perquisition de sa maison et sa mise en examen.